Sunday, May 31, 2009

I generally support the idea of nominating a woman or a Hispanic to the U.S. Supreme Court, but not this one, not Judge Sonia Sotomayor. And she's sobiased, that I'll go out on a limb to predict she won't be confirmed, for ten reasons:

10) SOTOMAYOR: ADMITS MAKING ACTIVIST POLICY FROM THE BENCH

In a 2005 panel discussion at Duke University, Sotomayor told students that the federal Court of Appeals is where "policy is made." She said the "Court of Appeals is where policy is made. And I know, and I know, that this is on tape, and I should never say that. Because we don't 'make law,' I know. [audience laughter] Okay, I know. I know. I'm not promoting it, and I'm not advocating it. I'm, you know. [audience laughter] Having said that, the Court of Appeals is where, before the Supreme Court makes the final decision, the law is percolating. Its interpretation, its application." As a judicial activist, she jokingly admits "making policy" from the bench, based on feelings or empathy or judicial precedent, not laws passed by Congress, and so she assumes the power of legislature, to make policy, legislating from the bench.

9) SOTOMAYOR: PRO-ABORTION-SUPPORTS ROE V. WADE

Although she ruled to uphold the longstanding "Mexico City Policy" which had limited funds for abortions performed overseas (until President Obama struck down that policy, now fully funding abortions overseas with our taxes), Sotomayor stands squarely in the camp of supporting and upholding the Roe v. Wade decision that legalized child killing across America and cost 50,000,000 children their lives.Furthermore, Rev. Rob Schenck of The National Clergy Council now reports that Sotomayor was or is an active board member of a group called the "Childbirth Connection" that advocates for "reproductive rights of women," which is generally a code word for abortion on demand, including partial birth abortion, which Sotomayor has never publicly opposed. Since I was born to a single mom who courageously gave me up for adoption,and I was adopted at agethree by a Christian family, I'm passionately pro-life.

In her ruling to allow government to ban privately owned weapons belonging to New York citizens, Sonia Sotomayor wrote in Maloney v. Cuomo: "The Second Amendment applies only to limitations the federal government seeks to impose on this right . . . not upon that of the state." Since her crazy reading of the 2nd Amendment only forbids Congress from seizing your guns, the New York State Assembly was fully authorized to ban nunchuks, or seize ANY AND ALL of your weapons, according to Sotomayor's anti-liberty reasoning. But as a former military distinguished marksman and former captain of my rifle team at a New York State high school, I care about protecting our right to bear arms.

7) SOTOMAYOR: ANTI-TEN COMMANDMENTS, BUT PRO-MUSLIM?

ACLJ Attorney Jay Sekulow said of Sotomayor: "She is left in judicial philosophy, ranges much further left than Justice Ginsburg or Justice Souter . . . I just had a case where the Court was unanimous, it was involving the 10 commandments issue, and the court was unanimous 9 to 0, but I would not expect that if Judge Sotomayor was confirmed, that it would probably have been 8 to 1. She has a very, very strict view of church-state separation, and she was aggressive on this idea of a 'living constitution.'" Meanwhile she ruled one Muslim prisoner had a right to receive the Eid ul Fitr feast (a Muslim holiday meal) in his prison cell, and another Muslim prisoner had a right to access a Muslim chaplain, which is fine if she treats other faiths equally. But I personally suspect Sotomayor would rule to disallow public prayers offered "in Jesus name" but allow prayers to Allah, just like Obama's other judicial nominee David Hamilton.

NOW President Kim Gandy quickly endorsed Sotomayor, saying: "This morning we will celebrate, and this afternoon NOW will launch our 'Confirm Her' campaign to ensure the swift confirmation of the next Supreme Court Justice." There's no way this liberal group would endorse Sotomayor unless she were pro-lesbian and pro-abortion, as Gandy openly advocates on the NOW web-site.

5) SOTOMAYOR: OVERRULED 33 OF 44 VOTES BY SUPREME COURT

Sotomayor has had 5 decisions reviewed by the U.S. Supreme Court, 3 of which have been reversed. One of these was her aggressive pro-environmental anti-energy decision, another was her aggressive pro-litigation anti-business decision, which was overturned unanimously. She has carried only 11 of 44 possible votes during those cases. Chief Justice Roberts once stated that her method of reading the statute in question "flies in the face of the statutory language." Dean Mat Staver of Liberty Law School cites these reasons to oppose Sotomayor, saying, "No one ever expected President Barack Obama to nominate someone who respects the original intent of the Constitution."

4) SOTOMAYOR: FAVORITISM BY RACE OR GENDER, NOT LAW

Sotomayor told the Berkeley Law School: "Our gender and national origins may and will make a difference in our judging . . .I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn't lived that life." It is no surprise, therefore, she ruled against white Firefighters of New Haven, throwing out the results of a promotion exam because almost no minorities qualified. She denied promotion for the white firefighters who performed well on the exam, and gave minorities who failed the exam favorable consideration toward promotion. Sotomayor promotes aggressive affirmative action, promoting race or gender, not merit. The U.S. Supreme Court reviewed this case in April 2009, and is expected to overturn her again.

3) SOTOMAYOR: FAVORS INTERNATIONAL LAW OVER AMERICAN LAW

Opposing a U.S. Congressional bill that would forbid activist judges from citing international law (instead of applying American law) in their decisions, Sotomayor wrote the controversial introduction for The International Judge, a book that promotes, in her words, "developing an international rule of law and institution-building" and idealizes the "pioneers who work tirelessly to bring these institutions from their incipience to their maturity." No doubt she will vote with Justice Ginsberg, who believes American judges should sometimes look toward international law rather than the U.S. Constitution.

Her own former clerk, liberal Jeffrey Rosen, now legal affairs editor for The New Republic, said she has "has an inflated opinion of herself" and is "kind of a bully on the bench." Another clerk who worked on the 2nd Circuit said she's: "not that smart and kind of a bully on the bench . . .She has an inflated opinion of herself, and is domineering during oral arguments, but her questions aren't penetrating and don't get to the heart of the issue."

1) SOTOMAYOR: BASEBALL BIAS FOR NEW YORK YANKEES!

As a native of South Bronx, Sotomayor's hidden home-town bias became manifest in her love for the New York Yankees, judicially favoring her "Bronx Bombers" over teams from all other cities. No kidding! When ruling to end the 1995 baseball strike, she sided with the player's union against team owners (who sought parity among all teams with an talent-sharing salary cap). Instead Sotomayor created bias in favor of rich teams who can afford to buy up all the good free agents. So when the New York Yankees hogged 4 titles and 6 pennants in the 8 years after her ruling, with payrolls averaging three times most other team salaries, you can blame Sotomayor for creating that competitive imbalance. I understand why Yankees fans might celebrate her promotion to the Supreme Court, but baseball fans from all other cities should complain loudly against her confirmation!

WHY DID SEVEN REPUBLICANS VOTE FOR HER?

In 1991, President George H.W. Bush was forced to pick Sotomayor, ina back-room deal manipulated by powerful New York Senator Patrick Moynihan, but Bush Sr.likely regrets this just like he later regretted nominating Justice Souter.

In 1998,Sotomayor was barely confirmed to the 2nd Circuit Court under Bill Clinton, but only seven current 2009 Republicans voted for Sotomayor then: Susan Collins (R-Maine), Olympia Snowe (R-Maine) Judd Gregg (R-N.H.), Thad Cochran (R-Miss.), Richard Lugar (R-Ind.), Orrin Hatch (R-Utah), Robert Bennett (R-Utah). They were misled into joining all Democrats to push Sotomayor through by a vote of 68-28. Perhaps you might call these 7 Republicans (and all Southern Democrats, and both Penn. Democrats Specter and Casey, and Sen. Ben Nelson, D-Neb.) at 202-225-3121 and ask them to OPPOSE AND FILIBUSTER Judge Sotomayor. But remember, 100 emails = 10 phone calls = 1 fax in political capital, since the Senate staffers must handle each paper and usually write a reply. So please join our automated fax campaign first!

In 1998, twenty-eight conservative Senators united against Sotomayor, but now we need 40 to uphold a filibuster. Two leading conservative Senatorshave already questioned her credentials: "The role of a jurist in our democracy is to apply the law evenhandedly, despite their own feelings or personal or political preferences," said Senate Republican Leader Mitch McConnell, R-Ky. "We must determine if Ms. Sotomayor understands that the proper role of a judge is to act as a neutral umpire of the law, calling balls and strikes fairly without regard to one's own personal preferences or political views," said Sen. Jeff Sessions, R-Ala., the top Republican on the Judiciary Committee.

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